Opinion

Spencer v. State

  • 130 Tex. Crim. 644
  • 95 S.W.2d 405
  • 1936 Tex. Crim. App. LEXIS 376
Court
Court of Criminal Appeals of Texas
Filed
May 13, 1936
Status
Published
Author
Hawkins
On the bench
Hawkins, Krueger
Cited by
2 cases
Authority
More cited than 1.4%

The opinion

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant renews his criticism of the court’s charge defining malice. As indicating that the criticism is without foundation when the charge taken as a whole is considered see Pruitt v. State, 114 Texas Crim. Rep., 281 , 25 S. W. (2d) 870 ; Williams v. State, 117 Texas Crim. Rep., 459 , 34 S. W. (2d) 886 ; Herrera v. State, 117 Texas Crim. Rep., 389 , 36 S. W. (2d) 515 ; Spicer v. State, 120 Texas Crim. Rep., 440 , 46 S. W. (2d) 685 .

Appellant urges again that the court should have charged that appellant had the right to continue his attack upon deceased as long as appellant had reason to believe his life was in danger. A re-examination of the facts fails to convince us that such an instruction was called for. See Walker v. State, 98 Texas Crim. Rep., 663 , 267 S. W., 988 , in which many authorities are cited.

Appellant also complains that his bill of exception number six was not discussed in our original opinion. The bill is entirely too general to present error. It brings forward complaint because the court would not permit a character witness for appellant to explain the circumstances of some transaction which upon cross-examination he had testified about, but wholly fails to set out what such explanation would have been.

We deem it unnecessary to discuss the other points urged in appellant’s motion. Believing the case to have been properly decided, the motion for rehearing is overruled.

Overruled•

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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